People v. Smith

In satisfaction of a five-count indictment, defendant pleaded *1149guilty to the crime of rape in the second degree, waived his right to appeal and thereafter was sentenced to the agreed-upon term of six months in jail followed by 10 years of probation. Defendant now appeals from the judgment of conviction, as well as from County Court’s subsequent order denying his pro se CPL article 440 motion.

We affirm. Defendant initially contends that his conviction must be reversed due to County Court’s failure to render a decision regarding his pro se motion to dismiss the indictment for legal…